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    <title>2023 (12) TMI 1379 - BOMBAY HIGH COURT</title>
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    <description>The court quashed the notice issued under Section 148 of the Income Tax Act 1961 for AY-2009-2010, finding it invalid as it was addressed to a non-existing entity due to an amalgamation. The court determined that such a notice fundamentally contradicts the legal principle that an amalgamating entity ceases to exist. It rejected the argument that the defect was curable under Section 292B, emphasizing that participation in proceedings cannot estop the application of law. Consequently, the notice dated 29th March 2014 and the order dated 19th March 2015 were set aside, and the rule issued on 4th August 2015 was made absolute, disposing of the petition.</description>
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      <link>https://www.taxtmi.com/caselaws?id=459180</link>
      <description>The court quashed the notice issued under Section 148 of the Income Tax Act 1961 for AY-2009-2010, finding it invalid as it was addressed to a non-existing entity due to an amalgamation. The court determined that such a notice fundamentally contradicts the legal principle that an amalgamating entity ceases to exist. It rejected the argument that the defect was curable under Section 292B, emphasizing that participation in proceedings cannot estop the application of law. Consequently, the notice dated 29th March 2014 and the order dated 19th March 2015 were set aside, and the rule issued on 4th August 2015 was made absolute, disposing of the petition.</description>
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